- How can I tell if my child
needs special education?
- How do I get my child tested to determine if
special education services are needed?
- What types of tests are used in the evaluation
process?
- How is my child's special education program
determined?
- What are the components of the IEP?
- Can special education students be suspended or
expelled from school?
- What if I disagree with school officials about my
child's education program?
- Where can I find additional resources and
information about special education?
The need for special education is a two-part decision. First, your child may
need specially designed instruction that isn't normally needed by other children
in the general education classroom to make progress in school. Secondly,
your child needs to qualify as a child for special education services.
West Branch Area School District has a screening process in place that
identifies students who are in need of special education services. This process
may include:
- A review of the student's records
- Vision and hearing screening
- Speech and language screening
- An assessment of the student's functioning in the curriculum including
curriculum-based and performance-based assessments for students with
academic concerns.
- An observation of the student's behavior in the classroom or
area in which the student is displaying difficulty.
- Meetings with the child's teacher(s) and parent(s)
For students with academic or behavior concerns, an intervention must be
developed based on the results of the screening. The student's response to
the intervention is looked at closely and if screening activities have produced
little or no improvement within 60 school days, the student will be formally
referred for evaluation for special education.
A child may be referred for the first evaluation in several ways:
1). As a parent or guardian, you may ask the school district to
evaluate your child for special education at any time. This can be done by
sending a letter to the principal (Mr. Guth/Elementary or to Mr. Matchock/High
School). A "Permission to Evaluate" form will be sent to you.
Please complete the form and return it to the school district in the
self-addressed stamped envelope that is provided.
2). The school district may contact you and must ask permission to have
your child evaluated. You must consent in writing to your child's
evaluation. School officials cannot proceed without your written
permission. If permission is not received and the school continues to find that
an evaluation is necessary, we may ask for a due process hearing and get the
approval from an impartial hearing officer to evaluate your child.
All evaluations needed to determine your child's need for special education
will be provided by the school district at no charge. Results of the
evaluation will be made available for your review.
The types of tests that are used in the evaluation process depend upon the
educational and/or behavioral challenges your child is experiencing. In
most cases your child will receive tests that help to find strengths and
needs. This may include achievement tests, intelligence tests, and
behavior checklists. Additionally, informal interviews with parents and teachers
are conducted, student records are reviewed, parent input is obtained, and
classroom observations are performed. The following screenings are also
completed: speech and language, hearing and vision, and if necessary,
occupational and/or physical therapy.
The Individualized Education Program (IEP) developed for your child
determines his/her programming needs. The IEP is a plan written during the IEP
meeting that includes a description of all the programs and services necessary
to meet the needs of your child. The IEP team is comprised of the parents, a
regular education teacher, a special education teacher, the special education
supervisor and/or principal, someone who can interpret the evaluation results,
your child if he/she is 14 years of age or older, a vocational-technical
representative (if that option is being considered for you child), and any other
persons the IEP team deems may be important in helping to develop your child's
plan.
The required sections of the IEP and the questions they should answer are as follows:
Current Educational Levels
- What are the student’s levels in academics, social and living skills? How does the child’s disability affect his or her involvement and progress in the general curriculum?
Measurable Annual
Goals and Short Term Objectives - What does the IEP
Team want the student to learn this year, and what are the steps towards those goals? What goals and objectives are needed to help the child be involved and progress in the general curriculum? Are the goals and short-term objectives really measurable? Does the IEP explain how they will be measured?
Specific Special Education To Be Provided
- What specialized instruction, methods and strategies will be used by school personnel to help the child make progress towards his or her goals?
Type, Amount, and Frequency of Related Services
- What types of related services, such as transportation, or physical, occupational or speech therapy, does the child need? How often will it be provided? For how much time each session?
Supplementary Aides, Services, and Modifications
- Are changes to the program or extra supports needed to help the child succeed in regular education classes?
What extra help will be provided to the child and to the child’s teachers so that the child can advance toward annual goals; be involved and progress in the general curriculum; be educated with non-disabled peers; and participate in state and district-wide assessments? All aids and services needed for the child to succeed in the regular class must be listed on the child’s IEP and provided by the district.
Dates Services Begin and End - Will all the services begin immediately? Will all the services continue through the school year?
How to Determine if the Child is Making Progress
- How will the IEP Team measure the progress the child makes? How and when will parents be informed of the child’s progress?
Programs and Activities with Regular Education Students
- During which parts of the school day will the child be with children who are not disabled?
Amount of Special
Education - Does the child need special education services for only some of the day? Most of the day? All day?
Special education is a service, not a placement.
Type of Placement - Is there any reason the IEP cannot be implemented in the school the child would attend if not in special education?
Your child's IEP will also include the following,
if it is determined by the IEP Team that any of these services are required:
Behavior Programs
- If the child has emotional or behavior problems in school, what sets off those problems? What alternate skills need to be taught to help the child reduce challenging behaviors and increase appropriate ones? If problems do occur, how will they be handled? The IEP Team must consider and include in the IEP strategies to help students with behavior problems that interfere with their learning or the learning of others. The behavior components of IEPs must reflect individual students’ needs and be based on positive - not negative - approaches.
Help for Children with Limited English Proficiency - If the child is not fluent in English, the IEP Team must consider the child’s language needs that relate to the
IEP.
Help for Children with Visual Impairments
- For a child who is blind or visually impaired, the IEP must provide for instruction in Braille and the use of Braille unless, after appropriate evaluation, the IEP Team determines that it is not appropriate.
Help for Children who are Deaf or Hard of Hearing - For a child who is deaf or hard of hearing, the IEP Team must consider the child’s language and communication needs.
Assistive Devices and Services - Does the child need special equipment or technology, such as a communication device or a special desk? Does the child - or do his or her teachers - need training on how to use assistive technology devices? Does the parent need training or supports?
Vocational Programs - If the child is older, is vocational training appropriate?
Extended School Year (ESY) - Does the child need a summer program to attain or maintain key skills? All children with a disability must be considered for ESY eligibility as part of their annual IEP meeting. For children with especially severe disabilities, this consideration must take place before the end of March.
Adaptive Physical Education - Are special gym classes needed?
Transition - If the child is 14 or older, what skills will the child need for adult living? Are the needed skills being taught? Are services from other agencies needed to develop or implement the transition plan?
Health Concerns - Does the child have any medical or health problems that need special attention for the child to attend school or to learn properly? Districts do not have to provide medical treatment if the treatment is of a type that can be performed only by a physician. However, districts do not have to conduct medical evaluations if necessary to diagnose a child’s disability or to determine what kind of special education or related services the child needs. And many services that can be provided by medically trained personnel – including nursing care and other “school health” services – must be provided when needed (although often the services are funded through Medical Assistance).
Information provided
by: Special Education in a Nutshell, 2002Edition, The Education Law
Center-PA
There are special rules that apply to students who are receiving special education services. These rules are intended to make certain that students with behavioral disabilities are not punished for conduct they cannot control; that such students get the services they need to learn to behave properly; and that all students are protected. Many of these rules are very
complex. Here are the highlights.
For Students with Disabilities Other than Mental Retardation : Suspensions can take place, but cannot be for longer than 10 school days in a row, or 15 school days in the school year. If school officials want to suspend the student beyond these limits, the proposed exclusion is considered a “change in
placement.” Before such a change can occur, school officials must send the family written notice (called a Notice of Recommended Educational Placement), and, if the family disagrees with the proposed exclusion, the exclusion cannot take place at that point (except as noted below under “exceptions”).
Not more than 10 business days10 after the District has “changed the placement” of a student for disciplinary reasons, an IEP Team must convene to determine what assessments are necessary and to develop a behavioral intervention plan; or, if the child already has a behavioral intervention plan, to review that plan. Within 10 school days, the IEP Team (which includes the parents) must conduct a review to determine if the student’s misconduct was related to the student’s disability.
In making the determination as to whether the child’s behavior was “a manifestation” of the disability, the IEP Team must consider evaluation and diagnostic results, and other information from the family; observations of the child; and the child’s IEP and placement, including whether he or she received all required services. The Team must further consider whether the child’s disability hurt the child’s ability to understand the impact of, or to control, his or her actions. If the Team decides that the student did not receive all required services, or that the child’s disability affected his or her ability to understand or control the misbehavior, the Team must find that the misbehavior was a “manifestation” of the disability.
If the Team decides that the misbehavior was not a manifestation of the disability, it can recommend that the student be subject to exclusion from school, including expulsion, on the same basis as students who are not disabled. However, if the parents challenge this decision through the procedural safeguard system, the district cannot implement its suspension or expulsion unless the hearing officer and appeals panel (and possibly a court) ultimately agree with the district’s position. If the IEP Team decides that there are problems with the program, or that the behavior at issue is a manifestation of the student’s disability, discipline cannot be imposed. In addition, if, in the course of the review the IEP Team identifies deficiencies in the child’s IEP, the implementation of the IEP or the child’s placement, the Team must immediately take steps to fix the problems.
Regardless of whether the Team concludes that the misbehavior was a manifestation of the student’s disability, if a district excludes a student for disciplinary reasons, it still must provide the student with education services to the extent necessary for the child to progress appropriately in the general curriculum, and to advance in the IEP goals. State law provides that any student who is suspended has the right to make up the school work he or she misses.
For Students with Mental Retardation, any proposed exclusion from school is considered a “change in placement.” Before a suspension can occur, school officials must send the family a Notice of Recommended Educational Placement proposing the change. The district must then follow all of the procedures that apply to students with other disabilities. If the family disapproves the proposed exclusion, the child cannot be suspended at that point except as described below under “exceptions.”
Exceptions to the Rules:
If a student with a disability has a gun or other dangerous weapon or uses or possesses illegal drugs while at school or a school function, or if a hearing officer determines that the student is substantially likely to injure himself or other students, the law allows school officials to place the child in an “interim alternative education setting” for up to 45 calendar days without the permission of the parents. At the end of the 45 days, the student must be returned to the previous educational placement. The alternate education setting must allow the student to continue to progress in the general curriculum and to receive the services listed on his or her
IEP.
If school officials decide that the student should not return to the previous educational placement after the 45 days is over, and offer the family another alternative, the family can oppose the new program through the procedural safeguard system. In most circumstances, while the hearing and appeal process is completed, the student would have the right to return to the previous school. However, if school officials believe that returning the student to the previous placement would pose an immediate threat or danger to the student or others, the school can ask a hearing officer to keep the child in the same or another alternate setting for up to another 45 calendar days. School officials will have to show that they have tried a number of interventions to help the situation, including the use of supplemental aids and services. School officials can keep asking the hearing officer for 45 day extensions while the appeal is pending, but they must persuade a hearing officer, with each request, that the student is dangerous. As in the past, officials can also seek permission from a court to exclude the child until a special education hearing can be held.
In-School Suspensions and Suspensions from Transportation
The same rules apply to in-school suspensions, if the suspension removes the student from his or her special education program or placement. If transportation is listed on the student’s IEP, a proposed suspension from the school bus is subject to the same rules as a proposed out-of-school suspension.
Information provided
by: Special Education in a Nutshell, 2002Edition, The Education Law
Center-PA
Even when a special education program has been well planned and implemented, there are times when things just do not work. For example, the child may not be making progress in academic areas, may continue to have serious behavior problems in school or may not have progressed in a life skills program. Here are some steps parents can take to help improve the situation:
Talk with the child’s teacher or other school staff, either by phone or, if possible, in person. Find out if the teacher sees the same problems and if the teacher can think of any changes in the classroom that might help. Ask to see any assessments that have been done and copies of the child’s work and test results. Are all services on the child’s IEP being provided? Is the class overcrowded? Are there certain subjects or times of day that seem particularly hard for the child in class? Are the teaching strategies working for the child? Is more help needed? Are there ways the family can help by working with the child at home?
Write to the principal and request an IEP Team Meeting to discuss whether changes in the child’s IEP would
help.Keep a copy of the letter. At the IEP Team Meeting, the family can raise many of the same issues that it discussed with the teacher and other staff. The family can also explore whether the goals and short-term objectives in the IEP need to be amended; whether the child is making the progress that was expected; whether additional or more frequent related services are needed; and any other areas of concern about the child’s program and placement.
If the situation does not improve, the family should write to the principal and request a “Pre-Hearing Conference.” Keep a copy of the letter. The school district must schedule the Pre-Hearing Conference within 10 calendar days of its receipt of the written request. A sample letter for requesting a Pre-Hearing Conference is included in this booklet. The PHC is an optional step, but it provides a chance to meet with school officials to try to improve the situation for the
child.
Parents should take a friend, neighbor or advocate with them to the PHC, if possible. At the Conference, the parents should:
-Discuss their concerns for the child and their view of the situation;
-Review the child’s current IEP and ask about his or her progress in reaching IEP goals and objectives;
-Find out if others agree with the family’s concerns and if they know how to correct the problems;
-If no one seems to have the answers, perhaps the child needs to be re-evaluated. An instructional evaluation may identify better strategies to help teach the child, or a behavior assessment might show what changes are needed to the behavior program. Remember, all needed evaluations must be done without cost to the family.
-If evaluations will be needed, work out a prompt schedule with school officials, and a date to meet again to review the evaluation results and make necessary changes to the program;
-Try to reach agreement on any changes that can be made to the child’s program and IEP on a short- or long-term basis while re-evaluations are being done or a hearing is being held.
If parents cannot reach agreement with school officials, or have already had several IEP meetings, they can request
mediation or an impartial hearing. Mediation can be very helpful for families. It offers a quick and informal method for resolving disputes, and the state Mediation System reports an 85% success rate. If the parents and the school district agree to mediate, a trained and impartial person is assigned by the state to meet with each side separately, and then both sides together, to help find a resolution. Neither the district nor the parents can bring an attorney to the mediation session; this helps to keep the mediation process informal. If the district agrees with the parent, the agreement is list on the child’s IEP and is binding on the district. For more information, contact the Office for Dispute Resolution at 1-800-992-4334.
If parents believe that their child is not getting the services already listed on the IEP, the school district is not complying with timelines or procedures, or the district is otherwise violating the child’s legal rights, they should
file a complaint with the State’s Division of Compliance, Monitoring and Planning
(DOC).
The family can send DOC a letter explaining their concerns and attach copies of any relevant documents, such as the child’s IEP. The state has 60 calendar days to investigate and issue a written report that states whether the law has been violated, and what is needed to correct the problem. DOC is supposed to follow-up to assure that all “corrective action” has been completed. The letter should be sent to:
Division of Compliance, Monitoring and Planning
PA Department of Education
Bureau of Special Education
333 Market Street
Harrisburg, PA 17126-0333
Parents can also call the state’s Special Education Consultline at 1-800-879-2301 if they have questions concerning their child’s special education program or the laws that relate to getting the services in their child’s IEP. The Consultline also assists parents with the complaint process, and may refer the parents to outside agencies and support services.
Information provided
by: Special Education in a Nutshell, 2002Edition, The Education Law
Center-PA
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